ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: February 21, 2020 DOCKET NUMBER: AR20180015855 APPLICANT REQUESTS: reinstatement of his student loan repayment program (SLRP) incentive of $50,000. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States * Annex L to DD Form 4 (Student Loan Repayment Program Addendum) * DD Form 1966 (Record of Military Processing Armed Forces of The United States) * Enlisted Record Brief (ERB) * Gmail to applicant * SLRP packet emails * SLRP Exception to Policy (ETP) emails * Request for Exception to Policy * Reply back to applicant in reference his ETP * Orders 284-049 * ETP/SLRP EMAIL FACTS: 1. The applicant states, he enlisted for a 6 year contract it was his understanding and belief that Student Loan Repayment was a part of his incentive for signing a 6 year contract. The incentive was put on his contract and explained to him in detail at (MEPS) Military Entrance Processing Station when he took his oath. 2. The applicant provides a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) effective 19 May 2015 for 6 years. b. Annex L to DD Form 4 (Student Loan Repayment Program Addendum) (1). Section 2, in connection with his enlistment in the Army National Guard (ARNG) under the authority of United States Code (USC) Title 10 Section 16301, he Hereby acknowledges that he meets the following prior service (PS) SLRP eligibility criteria as per ARNG Selective Reserve Incentive Program (SRIP) Policy 14-01 in order to receive this incentive. Applicant data: MOS 25N10 (2). He is enlisting Duty Military Occupational Specialty Qualified (DMOSQ) in a Unit Identification Code (UIC) and Military Occupational Specialty (MOS) within substitution rules of DA Pam 611-21, for the duty position to which he is being assigned that matches the authorized military grade and skill qualification commensurate with the position by skill level into a Critical Skill (CS) vacancy in the grade of E7 or below in an MOS, Paragraph and /Line number within Tier Levels 1-6. Authenticated on 19 May 2015. (3). He has read this entire SLRP addendum and understand all of the above statements concerning his enlistment incentive. He also understand that this addendum will be void if he do not meet all of the requirements at the time of signature. If the incentive is terminated, suspended or recouped, he understand that it does not affect the terms of his contractual agreement. No other promises have been made to him in connection with this addendum. c. DD Form 1966 (Record of Military Processing Armed Forces of The United States) item b (Prior Service) yes, item 24a (Previous Military Service) yes d. Enlisted Record Brief (ERB) dated 9 August 2018. e. Gmail to applicant informing him his choices of MOSs that qualify for SLRP 6 April 2015. f. SLRP packet emails stating for the SLRP he should have been contracted for an MOS he had prior to coming back in, since he was contracted as 25 series that violated the SLRP policy. He could submit an ETP, but the National Guard usually disapprove this type of request. g. SLRP Exception to Policy (ETP) email forwarding the applicant ETP packet. h. Request for ETP dated 4 August 2016, stating in effect, he could request for exception for his student loans repayment plan. He did not know that he needed to have the MOS prior to rejoining the Texas Army National Guard. He was under the impression that his recruiter had him sign a 6-year contract, so he could qualify for SLRP. There was no mention of the MOS requirement during his meetings with the recruiter or the National Guard noncommissioned officer at MEPS. He signed a 6- year contract under the impression that he was eligible for this SLRP benefit. i. Reply back to applicant in reference his ETP stating he apologized for the process for taking so long dated 23 June 2017. j. Orders 284-049 dated 11 October 2017, effective 27 June 2017 he was awarded the primary military occupational specialty 25 N10 and military occupational specialty 11 B withdrawn. 3. A review of the applicant service record shows: a. His initial DD Form enlistment contract is not available. However, his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) reflects that he enlisted in the Army National Guard on 27 December 1991. He was honorably discharged and transferred to USAR on 11 November 1998. He served 6 years 10 months and 15 days of net service this period. Block 13 (Primary Specialty Number, Title And Date Awarded: 11B (Infantryman), 91M (Hospital Food Service Specialist), and 11H (HV Anti-armor weapon). b. He enlisted in the Texas Army National Guard on 19 May 2015 c. Annex L to DD Form 4 (Student Loan Repayment Program Addendum) section 2, in connection with his enlistment in the Army National Guard (ARNG) under the authority of United States Code (USC) Title 10 Section 16301, he Hereby acknowledged that he meet the following prior service (PS) SLRP eligibility criteria as per ARNG Selective Reserve Incentive Program (SRIP) Policy 14-01 in order to receive this incentive: 4. A document was obtained from the Texas Army National Guard State Incentive Manager on 1 May 2018. The TXARNG official opined: a. An ETP to retain the $50,000.00 SLRP is disapproved for the discrepancy: not Duty MOS Qualified in the contracted MOS at the time of enlistment which violates Department of Defense Instruction 1205.21, E8.1.1.3. b. The discrepancy identified in paragraph 2 violates a Department of Defense Instruction and the ARNG does not have the authority to approve this request. The State Incentive Manager will terminate the incentive without recoupment effective the contract start date. 5. Department of Defense Instruction 1205.21, E8.1.1.3. (enlisting, reenlisting or extending) for assignment in a critical skill approved for loan repayment by the Secretary concerned, and currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of IADT, and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government. I will not exceed 20 years of qualifying service under this agreement. 6. AR 601-210 (Regular Army and Reserve Components Enlistment Program) states If the Soldier is authorized to continue under the SLRP, a new DA Form 5261–4 (Student Loan Repayment Program Addendum) must be prepared; however, this act does not create a new entitlement, but continues the Soldier in the existing entitlement amount as listed on the original ARNG contract. The new DA Form 5261–4 will be prepared in the gaining unit and witnessed by a Service representative in the grade of E–7 or higher. 7. AR 37-104-4 (Military Pay and Allowance Policy) paragraph 20-1 settlement actions authority, states that only the director, DFAS (Defense Finance)-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR per provisions of AR 15-185. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the terms outlined within Student Loan Repayment Program Addendum for the applicant, as well as the information within the applicant’s military record, the Board found that the applicant enlisted in good faith and met all terms outlined in the eligibility portion of the addendum. The applicant continued to serve the term of his agreement. Therefore, the Board recommended reinstatement of the applicant’s student loan repayment program (SLRP) incentive eligibility as stated in his contract to correct an injustice. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX XX XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned reflect reinstatement of his student loan repayment program (SLRP) incentive eligibility, up to the amount in the contract, less any funds already dispersed. X CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Department of Defense Instruction 1205.21, E8.1.1.3. (enlisting, reenlisting or extending) for assignment in a critical skill approved for loan repayment by the Secretary concerned, and currently hold that specialty or, if enlisting, shall meet critical skill qualification on completion of IADT, and agree to serve the entire enlistment in that critical skill unless removed for the convenience of the Government. I will not exceed 20 years of qualifying service under this agreement. 2. AR 601-210 (Regular Army and Reserve Components Enlistment Program) states If the Soldier is authorized to continue under the SLRP, a new DA Form 5261–4 (Student Loan Repayment Program Addendum) must be prepared; however, this act does not create a new entitlement, but continues the Soldier in the existing entitlement amount as listed on the original ARNG contract. The new DA Form 5261–4 will be prepared in the gaining unit and witnessed by a Service representative in the grade of E–7 or higher. 3. AR 37-104-4 (Military Pay and Allowance Policy) paragraph 20-1 settlement actions authority, states that only the director, DFAS (Defense Finance)-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR per provisions of AR 15-185. //NOTHING FOLLOWS//